US Congress Introduces Unconstitutional Bill Against BDS

Washington, DC | www.adc.org | February 6, 2014 - Today
in Congress an unconstitutional bill was introduced, and if
passed it would stifle academic freedom, chill free speech,
and penalize the use of non-violent means of resistance and
protest against the Israeli occupation. The Boycott,
Divestment and Sanctions (BDS) movement has received a lot
of attention in recent months, after various American
academic organizations, including the American Studies
Association, instituted an academic boycott of Israeli
universities and institutions. New legislation introduced in
Congress today would prohibit any institution that
participates in a boycott of Israeli academic institutions
or scholars from receiving federal funds under the Higher
Education Act.

The Protect Academic Freedom Act provides
that, “The Secretary shall consider an institution of
higher education to be participating in a boycott of Israeli
academic institutions or scholars if the institution,
any significant part of the
institution, or any organization
significantly funded by the institutionadopts a
policy or resolution, issues a
statement, or otherwise formally establishes
the restriction of discourse, cooperation, exchange, or any
other involvement with academic institutions or scholars on
the basis of the connection of such institutions or such
scholars to the state of Israel.”

To explain the
rational for the legislation in terms that appeal to the
average american taxpayer, Representative Peter Roskam made
the following statement on Tuesday while introducing
the Act:

“These organizations are clearly free to do
what they want to do under the First Amendment, but the
American taxpayer doesn’t have to subsidize it. The
American taxpayer doesn’t have to be complicit in it. And
the American taxpayer doesn’t have to play any part in
it.”

So, according to Congressman Roskam's reasoning, it
is perfectly ok that the American taxpayer has to be
complicit in and play a part in sending Israel $3 billion
dollars per year in foreign aid while Israel maintains its
illegal occupation of Palestinian territory and continues to
expand illegal settlements. Yet by contrast, our
government's funding of American institutions of higher
education that merely fund an organization that in turn
makes a statement against a foreign country is somehow an
unreasonable burden for American taxpayers to bear. If the
goal is to save the American taxpayer some money, why not
cut aid to a foreign country before we cut aid to American
education?

Congressman Roskam's argument has no basis in
logic.

For years Palestinians have adopted non-violent
measures aimed at bringing an end to occupation. Through the
BDS movement, activists are seeking to create international
pressure on Israel to abide by international law, and end
the occupation of Palestine. If passed, this bill will
reveal the extent to which the American Congress
instinctively seeks to protect Israel, even at the expense
of time-honored American traditions like free speech and
association.

ADC will continue to monitor the progress of
the bill and will send subsequent action alerts related to
the
matter.

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